CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SCHEDULE 4
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SCHEDULE 4
SCHEDULE 4 – Official Visitors
1 Acting Official Visitors
(1) The Minister may, from time to time, appoint a person to act in the office of an Official Visitor during the illness or absence of the Official Visitor.
(2) The person, while so acting, has all the functions of an Official Visitor and is taken to be an Official Visitor.
(3) The Minister may, at any time, remove a person from office as acting Official Visitor.
(4) A person while acting in the office of an Official Visitor is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.
(5) For the purposes of this clause, a vacancy in the office of an Official Visitor is taken to be an absence from office of the Official Visitor.
2 Term of office
Subject to this Schedule, an Official Visitor holds office for such period not exceeding 4 years as may be specified in the relevant instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
3 Remuneration
An Official Visitor is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.
4 Declaration of interest
(1) Before being appointed as an Official Visitor or as an acting Official Visitor to a correctional centre that is being managed under a management agreement, a person must make a declaration of his or her interest (if any) in the agreement or in the management company under the agreement.
(2) For the purposes of a declaration under this clause, a reference in subclause (1) to an interest in the management company includes a reference to--(a) any shareholding in the management company or in any related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth, and(b) any interest in business dealings that are taking place or that have taken place with the management company or any director or officer of the management company.
(3) A person is not to be appointed as an Official Visitor or acting Official Visitor if, in the opinion of the Minister, the person has such an interest in the management agreement or the management company that the person should not be so appointed.
5 Vacancy in office of Official Visitor
(1) The office of an Official Visitor becomes vacant if the Official Visitor--(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this clause, or(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Minister may remove an Official Visitor from office at any time for such cause as to the Minister seems sufficient.
(3) In particular, the Minister may remove from office an Official Visitor who contravenes section 228 or who, in the case of a managed correctional centre, is found--(a) to have such an interest in the relevant management agreement or the management company under that agreement that the person ought not, in the opinion of the Minister, continue to be an Official Visitor to the correctional centre, or(b) to have made a declaration under clause 4 that was false or misleading in a material particular.
6 Filling of vacancy in office of Official Visitor
If the office of an Official Visitor becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.